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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 04-04-2009, 11:09 PM
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Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
07/10/2007
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:
India
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I-485
I485 Mailed Date
:
07/18/2007
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Default 140 Approved, can you apply 485 from outside the country?

Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

What are his options to keep the GC process rolling?
Can he return to his ome country, India, and apply 485 by consular processing when his PD is current?
Thanks.
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Last edited by cygent; 04-04-2009 at 11:46 PM.
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  #2 (permalink)  
Old 04-05-2009, 05:50 PM
Senior Member
Priority Date
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Mar-06
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:
EB2
I140 Mailed Date
:
07/01/2006
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Default

Possible as GC is for future employment. CP is chosen during I140 stage. Now that he is past that, the lawyer can file form I824 to notify consular post which could take a long time.
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  #3 (permalink)  
Old 04-06-2009, 11:19 AM
Senior Member
Priority Date
:
Aug-07
Category
:
EB2
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/10/2007
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Join Date: Oct 2007
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Question Question

Hello all,

I have a question pertaining to this, my wife's is an associate professor, our PD is august2007. She has her i40 approved for more than a year now. At present her employer will not extend her contract and H1b expiring is in august09


She has been looking for a different job, but not luck till now. Her contract is till may end. If she is unable to find something and gets on H4 (myH1b dependent). Will she still be able to file for 485 when the dates become current? It has been more than 180 days after her I40 got approved.



Please advise.
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  #4 (permalink)  
Old 04-06-2009, 11:48 AM
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Dec-05
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EB2
I140 Mailed Date
:
11/20/2008
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:
India
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:
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default same Q..

I have a PD of 12/2005. My 140 is approved..but i didn't not file for 485 in 2007.

If i lose my job and have to leave the country..as i am still on H1 and my 9th year H1 expires in may 2010..

a.) can i file for 485 from outside USA.. provided my employer has not canceled/revoked my 140?

or Will i lose my GC process..completely?

>>>in this economy anything is possible..so knowledge is power..;-)
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  #5 (permalink)  
Old 04-06-2009, 12:02 PM
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Sep-02
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I140 Mailed Date
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05/28/2003
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Default

Quote:
Originally Posted by txh1b View Post
Possible as GC is for future employment. CP is chosen during I140 stage. Now that he is past that, the lawyer can file form I824 to notify consular post which could take a long time.
Problem is he is getting laid off So CP is out of question. What he can do is come back here on H1 may be from some other company and try applying I-485. Or otherwise he start fresh green card but retain the priority date.
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  #6 (permalink)  
Old 04-06-2009, 12:41 PM
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Priority Date
:
Feb-08
Category
:
EB1A
I140 Mailed Date
:
07/23/2009
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:
India
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:
I-485
I485 Mailed Date
:
12/29/2009
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Default

Quote:
Originally Posted by cygent View Post
Pardon me if this question has been asked before. This query is for my friend who got laid off just before his 140 got approved in 02/09.
Case details: PD 08.2007; 3 yr. H1B expiring 08.2009

What are his options to keep the GC process rolling?
Can he return to his ome country, India, and apply 485 by consular processing when his PD is current?
Thanks.

Cygent:

Here are the options for your friend:

1. Your friend can pursue Consular processing from India (Can not file 485, but equivalent form of processing from the home country); however, his I 140 could not have been revoked and also the employer who filed I 140 should be able to provide job offer letter (i.e. able to provide letter that the job is still there for him when he gets his GC approved). Additionally, he will only get his interview with consulate when his PD is current (if he is EB2, there is good chance of that happening by Aug/Sept; but this is just a guess).

2. Another option (and in my eyes better option) is to get another job, enter on H1 here. Then see if the original employer can still support GC process. If they do, then he can file I 485 as soon as date is current. He will also get EAD and AP with 485. After 6 months of being on 485 he can port using AC 21.

If after entering on H1, his original 140 sponsoring employer is NOT ready to support GC process, they he can start and new PERM (he can get H1 extensions 3 yrs at a time based on approved I 140 if he has already used his 6 yrs limit). He surely can port priority date to his new GC based on I 140 that is already approved.

Good Luck to your friend.
__________________
PERM filed: Feb 2008 Chicago Processing Center
PERM approved: March 2008
I 140 filed: April 2008 Nebraska Service Center
I 140 approved: Sep 2008 Nebraska Service Center
EB1A: I 140 filed: July 2009. Approved 12/09
EB2 NIW: I 140 filed: July 2009. Approved 12/09
I-485 filed Dec 2009
I-485 approved April 2010
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  #7 (permalink)  
Old 04-06-2009, 12:57 PM
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Default I485 is to change/adjust status from Non-immigrant legal status to Immigrant

Quote:
Originally Posted by pointlesswait View Post

a.) can i file for 485 from outside USA.. provided my employer has not canceled/revoked my 140?
I do not think you can file for I485 from outside USA as I485 is Adjustment of Status application wherein you can change your status from Non-immigrant legal status to an Immigrant status.
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  #8 (permalink)  
Old 04-06-2009, 07:27 PM
Senior Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
11/20/2008
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:
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:
I-140
I485 Mailed Date
:
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Join Date: Dec 2007
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default hmm

i read on some forum that u can request for consular processing..provided ur employer dosent revoke ur 140 and can provide a letter saying thatu will work for them once u get ur GC...



Quote:
Originally Posted by uumapathi View Post
I do not think you can file for I485 from outside USA as I485 is Adjustment of Status application wherein you can change your status from Non-immigrant legal status to an Immigrant status.
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